Eugene M. Sanchez v. David Leija and Lindale Wrecker Service

Summary

The Texas Court of Appeals considered whether the trial court properly granted no-evidence partial summary judgment against Eugene M. Sanchez on medical causation and entered a final take-nothing judgment. The court held that Sanchez presented insufficient competent evidence of causation, including no required expert testimony for his non-basic injuries, and affirmed the trial court’s judgment.

Holdings

1. The trial court properly granted no-evidence summary judgment because Sanchez failed to produce more than a scintilla of competent evidence establishing that the accident caused his claimed medical injuries.
2. The trial court did not err in entering a final take-nothing judgment because no claims remained unresolved after the summary-judgment rulings and Rule 11 agreement, and Sanchez inadequately briefed any contrary argument.

Questions Presented

1. Whether the trial court properly granted Leija's no-evidence partial summary judgment because Sanchez failed to produce more than a scintilla of competent evidence that the accident caused his claimed medical injuries.
2. Whether the trial court erred by denying Sanchez's motion to retain and entering a final take-nothing judgment.

Disposition

affirmed